Appeal No. 95-3845 Application 08/132,736 for example, supplies a chemical theory upon which a prima facie case of obviousness of a compound may rest.” In re Grose, 592 F.2d 1161, 1167-68, 201 USPQ 57, 63 (CCPA 1979). The examiner has set forth no evidentiary support for his theory that Tsutsui’s unsubstituted aryloxy groups are structurally similar to aryloxy groups which are substituted with at least one electron withdrawing group and, therefore, would have been expected to function similarly, and we are aware of none. Accordingly, we conclude that the examiner has not carried his burden of establishing a prima facie case of obviousness of appellants’ claimed invention. DECISION The rejection of claims 1-5 under 35 U.S.C. § 103 over Tsutsui is reversed. REVERSED EDWARD C. KIMLIN ) Administrative Patent Judge ) ) ) ) 5-5-Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007